The Full Belmonte, 8/12/2023
Garland Appoints Weiss as Special Counsel in Hunter Biden Inquiry
The attorney general said he decided to elevate David C. Weiss after the prosecutor informed him that the powers of a special counsel were necessary to continue the investigation.
By Glenn Thrush, Luke Broadwater and Michael S. Schmidt
Reporting from Washington
Aug. 11, 2023
“Attorney General Merrick B. Garland on Friday elevated the federal prosecutor investigating President Biden’s son Hunter to the status of special counsel after negotiations to revive a plea agreement on tax and gun charges foundered.
The move raised the possibility that Mr. Biden could be tried in the politically charged case, which seemed resolved until a few weeks ago.
The prosecutor, David C. Weiss, has since 2018 investigated a wide array of accusations involving Mr. Biden’s business and personal life, including his foreign dealings, drug use and finances. But as special counsel, Mr. Weiss, who is also the U.S. attorney in Delaware, can pursue charges in any jurisdiction he chooses without seeking the cooperation of local federal prosecutors.
The investigation appeared to be near an end in recent months when Mr. Biden agreed to plead guilty to two tax misdemeanors in a deal that would also have allowed him to avoid prosecution on a gun charge. Mr. Weiss, who has been roundly criticized by Republicans over the terms of the deal, asked Mr. Garland on Tuesday to be named special counsel.
Prosecutors for Mr. Weiss’s office also filed court papers on Friday indicating that they had reached an impasse with Mr. Biden’s lawyers over the proposed plea deal, suggesting that he might now be indicted. Up until a few days ago, the two sides had still been hoping to salvage the deal, but that effort snagged on Mr. Biden’s demand for blanket immunity from future prosecution.
The special counsel announcement marked a stunning reversal: Just last month, Mr. Weiss denied a claim that he had asked to be made special counsel. Mr. Garland had also scoffed at the idea, saying Mr. Weiss actually possessed more power as a sitting U.S. attorney than he would as special counsel.
At a news conference on Friday, Mr. Garland said that Mr. Weiss had concluded that the investigation reached a stage in which the powers of a special counsel were necessary. He did not explain what Mr. Weiss meant.
‘The appointment of Mr. Weiss reinforces for the American people the department’s commitment to both independence and accountability in particularly sensitive matters,’ Mr. Garland said. ‘I am confident that Mr. Weiss will carry out his responsibility in an evenhanded and urgent manner and in accordance with the highest traditions of this department.’….” Read more at New York Times
Judge Limits Trump’s Ability to Share Jan. 6 Evidence
During a 90-minute hearing in Washington, Judge Tanya S. Chutkan also warned the former president against any attempt to intimidate witnesses or prejudice potential jurors.
By Glenn Thrush and Alan Feuer
Aug. 11, 2023
“The federal judge overseeing former President Donald J. Trump’s prosecution on charges of seeking to overturn the 2020 election rejected his request on Friday to be able to speak broadly about evidence and witnesses — and warned Mr. Trump she would take necessary ‘measures’ to keep him from intimidating witnesses or tainting potential jurors.
The caution from the judge, Tanya S. Chutkan, came during a 90-minute hearing in Federal District Court in Washington to discuss the scope of a protective order over the discovery evidence in Mr. Trump’s case, a typically routine step in criminal matters. Later Friday, Judge Chutkan imposed the order but agreed to a modification requested by the Trump legal team that it apply only to ‘sensitive’ materials and not all evidence turned over to the defense.
She concluded the hearing with a blunt warning to Mr. Trump, and an unmistakable reference to a recent social media post in which he warned, ‘If you go after me, I’m coming after you!’ — a statement his spokesman later said was aimed at political opponents and not at people involved in the case.
‘I do want to issue a general word of caution — I intend to ensure the orderly administration of justice in this case as I would in any other case, and even arguably ambiguous statements by the parties or their counsel,’ she said, could be considered an attempt to ‘intimidate witnesses or prejudice potential jurors,’ triggering the court to take action.
‘I caution you and your client to take special care in your public statements in this case,’ she added. ‘I will take whatever measures are necessary to protect the integrity of these proceedings.’
The hearing was the first major legal skirmish between prosecutors working for the special counsel, Jack Smith, and the Trump legal team and involved a clash over the core issue that makes the case different than any other: Mr. Trump’s intention to make the criminal case the center of his presidential campaign and to publicly criticize some witnesses, including a political opponent, former Vice President Mike Pence.
Judge Chutkan, in her first appearance as trial judge in the case, made it clear — within minutes of ascending the bench — that she intended to view Mr. Trump primarily as a defendant rather than a political figure, and suggested she sided with the government’s push for a speedy trial.
‘Mr. Trump, like any other American,’ has a right to free speech under the First Amendment, she said.
But that right, she added, ‘is not absolute.’
The judge dismissed the argument made by John F. Lauro, Mr. Trump’s defense lawyer, who complained that the protective order would put ‘a chill’ over his client’s ability to defend himself in the 2024 campaign.
A Guide to the Various Trump Investigations
Confused about the inquiries and legal cases involving former President Donald Trump? We’re here to help.
Key Cases and Inquiries: The former president faces several investigations at both the state and the federal levels, into matters related to his business and political careers. Here is a close look at each.
Case Tracker: Trump is at the center of four criminal investigations. Keep track of the developments in each here.
What if Trump Is Convicted?: Will any of the proceedings hinder Trump’s 2024 presidential campaign? Can a convicted felon even run for office? Here is what we know, and what we don’t know.
‘He is a criminal defendant,’ Judge Chutkan said. ‘He is going to have restrictions like every other criminal defendant’ — adding that she was not going to ‘allow him any greater or lesser latitude than any defendant in a criminal case.’
The judge described Mr. Trump’s candidacy as ‘a day job,’ like any other defendant’s.
The hearing marked the first time that Mr. Trump’s legal team and Justice Department prosecutors appeared in front of Judge Chutkan — an Obama appointee Mr. Trump and his allies began attacking soon after she was selected.
Judge Chutkan repeatedly made it clear that she intended to hold Mr. Trump accountable for statements he made outside the courtroom that could potentially endanger witnesses or others involved in the case, reminding Mr. Lauro that the terms of Mr. Trump’s release precluded witness tampering and intimidation.
Witnesses, she said, ‘may not have the type of protections that he has.’ She added, ‘I see the possibility for a lot of problems here.’…” Read more at New York Times
“A judge ordered Sam Bankman-Fried, the founder of the collapsed cryptocurrency exchange FTX, to jail and revoked his bail after prosecutors accused him of witness intimidation.” [New York Times]
“The estimated number of U.S. suicide deaths rose to nearly 50,000 last year, including an increase in gun-related deaths.” [New York Times]
“The Illinois Supreme Court on Friday upheld the state’s ban on certain high-powered guns, including AR-15-style rifles, a major victory for supporters of gun limits in the state.
Why It Matters: A sweeping law restricting firearms cleared a major challenge.
The legislation, which Gov. J.B. Pritzker, a Democrat, signed into law in January, is the broadest set of gun restrictions in the Midwest. The ban garnered wide support among Democratic legislators, who control the state legislature, after a mass shooting in Highland Park, Ill., in 2022, when a gunman killed seven peopleand wounded dozens more with a high-powered rifle at a Fourth of July parade.
Once the law was passed, Illinois became one of 10 states with some form of what advocates call an assault weapons ban, according to the Giffords Law Center, which supports gun restrictions.
Residents of Illinois are no longer allowed to purchase many types of semiautomatic weapons, including AR-15-style rifles, though exceptions were carved out for retired and current police and military personnel and prison wardens. People who already own weapons that are now banned were given a deadline to register them with the Illinois State Police.
Illinois residents who wish to own a firearm are already required to be licensed by the State Police.
Dan Caulkins, a Republican state representative, led a group of gun owners who argued that the ban violated a State Constitution requirement that laws apply equally to all people.
On Friday, the Illinois Supreme Court voted 4 to 3 to keep the law in place, finding that it did not violate the Constitution’s equal protection clause by creating exemptions for law enforcement professionals and people who already own banned weapons.
‘The equal protection clause does not forbid the legislature from drawing distinctions in legislation among different categories of people as long as the legislature does not draw those distinctions based on criteria wholly unrelated to the legislation’s purpose,’ the court ruled….” Read more at New York Times
A Crude Shock
An employee updates the fuel prices at a fuel station in Karachi, Pakistan, on Aug. 1.Asif Hassan/AFP via Getty Images
“Get ready for higher pump costs the next time you go to your local gas station. According to the International Energy Agency (IEA) on Friday, oil prices have increased around 20 percent since June. But don’t blame the messenger; blame skyrocketing global demand.
World oil use hit a record high of 103 million barrels a day in June and is likely to grow further in August. In fact, demand is expected to average a record-setting 102.2 million barrels a day this year. The cost of Brent crude, the international benchmark, neared $87 on Friday, up 10 percent from last month. And despite it already being the highest-traded cost for crude since January, the IEA predicted that barrel prices may touch $100 by the end of the year.
A flurry of factors contributed to this immense level of demand. Better-than-expected growth among countries in the Organization for Economic Cooperation and Development pushed consumers to buy more petrol. Summer travel also led to mass oil use, and major economies such as China saw surges in oil consumption. Indeed, 70 percent of all demand came from Beijing, with China once again expected to contribute around 60 percent of all demand next year.
This may come as a surprise to some, especially to those of you who read Wednesday’s report by China’s National Bureau of Statistics, which hinted at signs of worsening deflation driven in part by weak demand for Chinese-made goods both at home and abroad. However, the Chinese government’s stockpiling of crude and continued post-COVID-19 recovery efforts are pushing China to up its oil demand—for now.
Next year, the IEA predicted petrol consumption to slow as post-COVID-19 recovery plans end, stricter fuel efficiency standards are put in place, remote work grows, and electric vehicles become more popular. Until now, international efforts to curb carbon emissions have had little impact on overall demand.
Despite decreasing oil consumption in the near future, pump prices will remain high. In June, OPEC+ extended its limitation of crude supplies to the end of 2024 to further raise costs, even as production dropped to its lowest level since October 2021. Much of this push has been led by Saudi Arabia, the world’s largest crude oil exporter, which has slashed output by around 500,000 barrels a day in recent months. Russia’s suspension last month of the Black Sea Grain Initiative, which protected shipments out of the region, also hurt output numbers and raised fears of greater instability in the market.” [Foreign Policy]
“Foreign interference. New Zealand’s Security Intelligence Service declassified a report on Friday detailing Chinese, Iranian, and Russian efforts to interfere in Wellington’s politics. Among the incidents reported, the most significant was the Chinese Communist Party’s attempts at targeting Chinese nationals living in the country for intelligence purposes. Tehran was accused of monitoring Iranian dissidents in New Zealand, and Moscow was linked to supply chain disruptions and espionage campaigns.
Publicly publishing the Security Intelligence Service’s findings is a new strategy for New Zealand. The agency had previously taken a more secretive approach to its work, but criticism of its overemphasis on Islamist extremism at the expense of other threats—such as the 2019 Christchurch shooting carried out by a white supremacist—has pushed the intelligence branch to share its insights more broadly.” [Foreign Policy]
“Keep it coming. The Biden administration is asking Congress to open its purse strings to the tune of $40 billion. On Thursday, the White House requested more than $13 billion in emergency defense aid to assist Ukraine in its war against Russia as well as an additional $8 billion for humanitarian support in Kyiv. That’s on top of $12 billion for U.S. disaster relief domestically—something Hawaii’s Maui island will certainly require—and funds to strengthen migration and drug trafficking enforcement at the U.S.-Mexico border.
The last time U.S. President Joe Biden requested emergency aid for Ukraine was November 2022. Despite Republican opposition to the petition at the time, the more than $37 billion deal was passed. However, the now-drawn-out Ukrainian counteroffensive as well as a greater political divide on the Hill may make this next cash infusion a harder pitch to sell. ‘No, $13 billion isn’t pocket change, but it’s one-third of the $37 billion that Biden requested for Ukraine aid last November,’ FP’s Jack Detsch reported in Situation Report. ‘And Ukraine, as is its wont, wants more.’” [Foreign Policy]
“Pointing fingers. Six Colombian nationals were arrested on Thursday in connection to the assassination of Ecuadorian presidential candidate Fernando Villavicencio a day earlier. Villavicencio was shot while leaving a campaign event at a high school in Quito, the capital. He was the first presidential candidate to ever be killed in the Latin American country.
The suspected involvement of Colombian nationals in Villavicencio’s death has sparked memories of former Haitian President Jovenel Moïse’s assassination in July 2021: At least 18 Colombian nationals are awaiting trial in Haiti for their alleged involvement in that plot. Initial reports suspected Mexico’s Sinaloa cartel was behind Villavicencio’s attack after a local group tied to the cartel threatened him for campaigning against drug trafficking and government corruption.” [Foreign Policy]
“For some people, a 15-month prison sentence means 15 months. For others, such as former South African President Jacob Zuma—who was charged with defying a court order to testify on corruption allegations—it means two months in prison, then medical parole, then less than one day behind bars before being released due to overcrowding. Political opponents have accused the government of giving Zuma preferential treatment after his release on Friday. Let’s be honest; it’s not too hard to see where they’re coming from.” [Foreign Policy]
U.S. to Fund a $1.2 Billion Effort to Vacuum Greenhouse Gases From the Sky
Many scientists are skeptical of the technology, and environmentalists have criticized the approach.
Aug. 11, 2023
“The Biden administration will spend $1.2 billion to help build the nation’s first two commercial-scale plants to vacuum carbon dioxide pollution from the atmosphere, a nascent technology that some scientists say could be a breakthrough in the fight against global warming, but that others fear is an extravagant boondoggle.
Jennifer Granholm, the energy secretary, announced Friday that her agency would fund two pilot projects that would deploy the disputed technology, known as direct air capture.
Occidental Petroleum will build one of the plants in Kleberg County, Texas, and Battelle, a nonprofit research organization, will build the other in Calcasieu Parish on the Louisiana coast. The federal government and the companies will equally split the cost of building the facilities….” Read more at New York Times
THE WEEK IN CULTURE
@jaked0713/Pop Nation, via TMX
“These moments turned Taylor Swift’s Eras tour into a phenomenon. Her tour could generate economic activity comparable to that of an Olympics.” [New York Times]
“Ye, the rap star formerly known as Kanye West, made his first concert appearance after antisemitic remarks he made last year led to his alienation from the music industry.” [New York Times]
“Fans gathered in Ireland to say goodbye to Sinéad O’Connor.” [New York Times]
“Mourners paid tribute to O’Shae Sibley, a man stabbed to death in Brooklyn after dancing to Beyoncé, at the scene of his killing. The suspect pleaded not guilty.” v
“The movie version of the romance novel “Red, White & Royal Blue” aims to recreate the excitement around the book. (Read The Times’s review.)” [New York Times]
“Three productions at the Edinburgh International Festival tackle questions of nationhood, identity and belonging.” [New York Times]
“The Barnes Foundation in Philadelphia will be allowed to lend paintings to other museums, a move that disrupts the set configurations that its founder established.” [New York Times]
“A contestant was kicked off “Big Brother” for using a racial slur.” [New York Times]
“Tiina the Store, a shop that was like Gap for billionaires, is closing.” [New York Times]
“Listen to 16 essential songs by Robbie Robertson, the Band songwriter whose arrangements evoked bygone eras. He died this week at 80.” [New York Times]
“One of the year’s best meteor showers hits its peak tonight.” [New York Times]